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 TERMS AND CONDITIONS OF USE

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Welcome to www.EN.SM160.COM by ShenZhen e-Top Profectus Corporation Limited SM160.COM makes available a variety of products and services through SM160 (collectively, the "Products and Services") subject to the Terms and Conditions ("Terms and Conditions") provided hereunder. As the Terms and Conditions contain legal obligations, please read them carefully.

1. ACCEPTANCE

By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual SM160 web site, Products or Services. You acknowledge and agree that SM160 shall have the sole discretion to vary these terms and conditions any time as it sees fit by posting the updated version onto the SM160 website.

2. CONDITIONS AND RESTRICTIONS ON USE

You acknowledge and agree that SM160 may terminate your access to SM160 or to any of the Products and Services should you fail to comply with the Terms and Conditions. Any such termination shall be in SM160's sole discretion without prior notice. SM160 further reserves the right to terminate any user's access to SM160 or to any of the Products and Services for any conduct that SM160, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to SM160 or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any laws or regulations.

3. REGISTRATION AND PRIVACY

Certain of the Products and Services will require you to register and provide certain data. In registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by SM160 registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If SM160 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SM160 has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. All SM160 registrations become the exclusive property of SM160, its subsidiaries. SM160 reserves the right to use and reuse all registration and other personally identifiable user information.

4. SECURITY

Upon registering, you will receive a password and SM160 ID. You are responsible for maintaining the confidentiality of the password and ID. You are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify SM160 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SM160 cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

5. USE OF INFORMATION

As a general matter, SM160 does not pre-screen user or third party Content posted on SM160 although SM160 reserves the right to do so. SM160 reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by SM160.

6. CONTENT

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Each User hereby represents, warrants and agrees that the Content submitted to SM160 for display on the Site shall not:
(a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
(b) be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
(c) relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
(g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(h) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
(i) solicit business from any Users in connection with a commercial activity that competes with SM160;
(j) contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
(k) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
(l) otherwise create any liability for SM160 or its affiliates.

You acknowledge and agree that SM160 and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. SM160 may also terminate access to, or membership in SM160, or any portion thereof, for violating these Terms and Conditions.

SM160 does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances SM160 will be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of SM160 Products and Services.

You expressly acknowledge and agree that SM160 may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SM160, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. SM160 also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a SM160 account may be terminated or suspended if a user fails to sign-in to SM160 Service for an extended period of time; please see SM160 Rules and Regulation section for more information regarding SM160's policies concerning account termination.

7. LICENSE TO MEMBER WEB PAGES AND OTHER USER CONTENT

By submitting a web page to SM160, or any other web page hosting service on SM160, you grant SM160 a world-wide, royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user's web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within SM160. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the user's membership with the particular SM160 service. You acknowledge and agree that SM160 runs advertisements on the web pages of its users and grant SM160 the right to do so. These advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising are subject to change.

8. TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS

Through the Site, SM160 provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. SM160 does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, SM160 does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

Users are hereby made aware that there may be risks of dealing with people acting under false pretences. SM160 uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, SM160 cannot and does not confirm each User's purported identity (including, without limitation, TrustPass Members and China Gold Suppliers). We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each User agrees that SM160 shall not be liable or responsible for any damages that may arise a result of or in connection with any Transaction Risks.

Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify SM160 (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

9. DISCLAIMER

Information on this web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice. SM160 makes no representations whatsoever about other web sites, which you may access through this one. When you access a non-SM160 web site, please understand that it is independent from SM160, and that SM160 has no control over the content on that web site.

In addition, a link to a non-SM160 web site does not mean that SM160 endorses or accepts any responsibility for the content, use, or products and services made available through such web site.

THE SERVERS OPERATED BY SM160 MAY BE EXPOSED TO DAMAGES, INTERRUPTIONS AND FAILURES. IN NO EVENT WILL SM160 BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


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